North Dakota Gun Laws

An individual who is not otherwise precluded from possessing a Class 2 firearm and dangerous weapon license — meaning the person meets the prohibited-persons criteria of § 62.1-02-01 and is at least 18 — and who possesses a valid driver's license or non-driver identification card issued by the ND Department of Transportation or by the individual's state or territory of residence may carry a firearm concealed under this chapter, without obtaining a license.

"An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under this chapter and who possesses a valid driver's license or nondriver identification card issued by the department of transportation or by the individual's state or territory of residence may carry a firearm concealed under this chapter."

N.D.C.C. § 62.1-04-02(2) statute

Permitless concealed carry was enacted by HB 1169, signed by Governor Doug Burgum on March 23, 2017, effective August 1, 2017. The original bill required possession of an ND driver's license or ID for at least one year; that residency requirement was later reduced to 30 days (HB 1293, 2021) and then eliminated entirely (HB 1339, 2023).

"An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under this chapter and who has possessed for at least one year a valid driver's license or nondriver identification card issued by the department of transportation may carry a firearm concealed under this chapter."

House Bill 1169 (2017), Sixty-fifth Legislative Assembly statute

North Dakota's prohibited-persons statute. Felons convicted of violent or intimidation felonies (under chapters 12.1-16 through 12.1-25 or equivalent) are barred from firearm possession for ten years after conviction or release; other felons and Class A misdemeanants who used a weapon are barred for five years. Persons who have been involuntarily committed to a mental-health institution and persons under 18 (with supervised training, target-shooting, and hunting exceptions) are also barred. This statute defines the 'not otherwise precluded' eligibility test that gates permitless carry, the loaded-vehicle exception, and the open-loaded-carry exception throughout Title 62.1.

"A person who has been convicted anywhere of a felony offense involving violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent felony offense of another state or the federal government is prohibited from owning a firearm or having one in possession from the date of conviction and continuing for ten years after the date of conviction or the date of release from incarceration, parole, or probation, whichever is latest."

N.D.C.C. § 62.1-02-01 statute

North Dakota issues two optional concealed carry licenses through the Attorney General's Bureau of Criminal Investigation: a Class 1 firearm license and a Class 2 firearm and dangerous weapon license. The two licenses confer identical carrying rights within ND; the only practical difference is that a Class 1 license is honored by more states under reciprocity than a Class 2 license.

"For purposes of this chapter, the difference between a class 1 and class 2 firearm and dangerous weapon license is only the extent to which a holder of either license may be eligible to receive reciprocal rights in other jurisdictions. A class 1 firearm and dangerous weapon licenseholder is eligible to receive reciprocal rights in more jurisdictions than a class 2 firearm and dangerous weapon licenseholder."

N.D.C.C. § 62.1-04-02(4) statute

The minimum age is 21 for a Class 1 license and 18 for a Class 2 license. Class 1 applicants must complete classroom instruction in weapon-safety rules and ND deadly-force law, pass an open-book test, demonstrate familiarity with a firearm, and complete a live-fire or certified proficiency exercise. Class 2 applicants must only pass the same open-book test. Both licenses are valid for five years and require two sets of fingerprints (for initial issuance) and a BCI/FBI criminal-history records check.

"The applicant is at least twenty-one years of age for a class 1 firearm license or at least eighteen years of age for a class 2 firearm and dangerous weapon license."

N.D.C.C. § 62.1-04-03(1)(a), (2)(a)-(b), (6)(b) statute

The Bureau of Criminal Investigation within the North Dakota Attorney General's Office administers Class 1 and Class 2 concealed weapon licenses, publishes the license manual, the test-administrator locator, and the application-status system. The AG site confirms Class 1 applicants must complete classroom instruction, demonstrate familiarity with the firearm, and pass the proficiency (shooting) test.

"Applicants for a Class 1 license must (1) attend classroom instruction, (2) demonstrate familiarity with the firearm, AND (3) successfully complete the proficiency (shooting) test."

N.D. Attorney General — Concealed Weapon Licenses ag

An individual may openly carry a handgun if it is unloaded and in plain view or secured. The same statute's exceptions allow loaded open carry by anyone who is not precluded from holding a Class 2 license and who possesses a valid DL/ID from any state or territory — making open carry of a loaded handgun lawful on the same permitless basis as concealed carry. Long-gun open carry is generally unrestricted for non-prohibited adults.

"Unless otherwise prohibited by law, an individual may carry a handgun if the handgun is unloaded and in plain view or secured."

N.D.C.C. § 62.1-03-01 statute

While § 62.1-02-10 generally prohibits keeping or carrying a loaded firearm in a motor vehicle, subsection (8) exempts any individual who is not precluded from holding a Class 2 license and who possesses a valid driver's license or non-driver ID from their state or territory of residence. The result is that an eligible permitless carrier may keep a loaded handgun anywhere in the vehicle, including the glove box, center console, or trunk.

"An individual with a handgun who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under chapter 62.1-04 and who possesses a valid driver's license or nondriver identification card issued by the department of transportation or by the individual's state or territory of residence."

N.D.C.C. § 62.1-02-10(3), (8) statute

A firearm is considered 'concealed' if it is transported in a vehicle under the individual's control and available to the individual, including beneath the seat or in a glove compartment. A firearm is NOT considered concealed if it is locked in a closed trunk or luggage compartment, or if a rifle/shotgun/unloaded handgun is carried in a motor vehicle.

"A firearm or dangerous weapon is considered concealed if it is not secured, and is worn under clothing or carried in a bundle that is held or carried by the individual, or transported in a vehicle under the individual's control or direction and available to the individual, including beneath the seat or in a glove compartment."

N.D.C.C. § 62.1-04-01 statute

North Dakota's parking-lot statute prohibits public and private employers from banning customers, employees, or invitees from possessing a legally owned firearm that is lawfully possessed and locked inside (or locked to) a private motor vehicle in an employer parking lot. The statute also bars employers from making inquiries or searches regarding firearms in vehicles, and provides civil remedies (attorney's fees) to a person aggrieved by a violation. Excluded properties include K-12 school grounds, correctional facilities, national-defense/homeland-security sites, explosives operations, employer-owned vehicles, and the state hospital.

"A public or private employer may not: a. Prohibit any customer, employee, or invitee from possessing any legally owned firearm, if the firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and if the customer, employee, or invitee is lawfully in the area."

N.D.C.C. § 62.1-02-13 statute

North Dakota's reciprocity statute recognizes a valid concealed-carry license issued by another state IF that state grants reciprocal recognition to ND residents. The Attorney General publishes the reciprocity matrix on its website. As of 2026, 39 states honor the ND Class 1 license and 26 states honor the ND Class 2 license. States that honor Class 1 only (not Class 2) include AZ, KS, LA, ME, MN, MS, NM, NM, PA, SC, TN, VA, WA, WI. New Jersey, California, New York, and most blue states do not honor either license.

"A person who has a valid license issued by another state to carry a concealed firearm or dangerous weapon in that state and whose state grants to residents of this state the right to carry a concealed firearm or dangerous weapon without requiring a separate license to carry a concealed firearm or dangerous weapon issued by that state may carry, subject to the provisions of this state's law, a concealed firearm or dangerous weapon in this state, and the other state's license is valid in this state."

N.D.C.C. § 62.1-04-03.1 / ND AG Reciprocity Information ag

North Dakota's castle-doctrine presumption: an individual who uses deadly force is presumed to have held a reasonable fear of imminent death or serious bodily injury if the individual against whom the force is used was unlawfully and forcibly entering — or had unlawfully and forcibly entered and remained in — a dwelling, place of work, or occupied motor home or travel trailer, or was attempting to forcibly remove someone from the dwelling against their will, and the defender knew or had reason to believe the unlawful and forcible entry was occurring.

"An individual is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to that individual or another when using deadly force if: a. The individual against whom the deadly force was used was in the process of unlawfully and forcibly entering... a dwelling, place of work, or occupied motor home or travel trailer."

N.D.C.C. § 12.1-05-07.1 statute

North Dakota is a stand-your-ground state: an individual who is not engaged in unlawful activity that gives rise to the need for deadly force and who has not provoked the other party has no duty to retreat within or from any place the individual is legally allowed to be. The general justification statute otherwise imposes a duty to avoid deadly force by retreat when safely possible.

"An individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used... is not required to retreat within or from any place the individual otherwise is legally allowed to be."

N.D.C.C. § 12.1-05-07(2)(b)(2) statute

A person who uses justifiable force is immune from civil liability to the person against whom the force was used or to that person's estate (with a narrow law-enforcement exception). If the court finds the defendant is immune, it must award the defendant lost income, reasonable attorney's fees, court costs, and disbursements.

"An individual who uses force as permitted under this chapter is immune from civil liability for the use of the force to the individual against whom force was used or to that individual's estate."

N.D.C.C. § 12.1-05-07.2 statute

An individual carrying a concealed firearm under the permitless-carry authority of § 62.1-04-02(2) must inform a law enforcement officer of the concealed firearm IF the officer inquires about the individual's possession of a concealed firearm. There is no longer a proactive duty to volunteer that information at the initiation of a traffic stop — HB 1588 (2025) removed the affirmative duty and replaced it with the duty to answer truthfully if asked. A licensed CHL holder must produce the license on request under subsection (1).

"An individual carrying a concealed firearm under the authority granted in subsection 2 of section 62.1-04-02 shall inform a law enforcement officer of the concealed firearm if the officer inquires about the individual possession of a concealed firearm."

N.D.C.C. § 62.1-04-04(2), as amended by HB 1588 (2025) statute

An individual may not possess a firearm or dangerous weapon at a school or school-sponsored event on school property, at a church or other place of worship, or at a publicly owned or operated building. HB 1588 (2025) reduced the penalty for a knowing violation from an infraction to a noncriminal offense punishable by a $100 fee, and authorized political subdivisions and the State Board of Higher Education to adopt less-restrictive policies.

"An individual may not possess a firearm or dangerous weapon at: a. A school or school-sponsored event on school property; b. A church or other place of worship; or c. A publicly owned or operated building."

N.D.C.C. § 62.1-02-05(1) statute

It is an infraction to knowingly possess a firearm or dangerous weapon in the part of an establishment set aside for the retail sale and consumption of alcoholic beverages, or in a designated bingo gaming site. Statutory exceptions cover the proprietor, the proprietor's employees, law enforcement, on-duty private security carrying gaming receipts, and the restaurant part of an establishment that does not prohibit individuals under 21.

"An individual who enters or remains in that part of the establishment set aside for the retail sale of alcoholic beverages and the consumption of purchased alcoholic beverages or used as a gaming site at which bingo is the primary gaming activity while that individual knowingly possesses a firearm or dangerous weapon is guilty of an infraction."

N.D.C.C. § 62.1-02-04 statute

Possession of an explosive or destructive device in a government building without the written consent of the responsible agency or person is a Class C felony. Law enforcement officers on official business are exempt. Note: this prohibition is on explosive/destructive devices specifically — general firearm possession in publicly owned buildings is governed by § 62.1-02-05, which after HB 1588 (2025) is now subject to less-restrictive policies by political subdivisions and the State Board of Higher Education.

"A person, except for a law enforcement officer while on official business, is guilty of a class C felony if the person possesses an explosive or destructive device in a government building without the written consent of the government agency or person responsible for the management of the building."

N.D.C.C. § 62.1-02-09 statute

North Dakota's armed first responder in schools statute. A public school may, on school board or governing board approval, propose to the superintendent of public instruction to participate in an armed first responder program. The selected individual must be a retired law enforcement officer (or meet equivalent requirements), a U.S. citizen at least 21 years old, hold a valid ND Class 1 firearm license, complete a criminal background check and a faculty/administrator safety training course, and be approved by the school board. The firearm must remain concealed and under the responder's direct control or stored in a lockbox accessible only to the responder. This is the narrow exception that allows a non-law-enforcement adult to lawfully carry on school grounds notwithstanding § 62.1-02-05(1)(a).

"An individual selected to become an armed first responder for a school participating in the program: a. Must be a retired law enforcement officer or meet the requirements of subsection 7; b. Must be a citizen of the United States; c. Must be at least twenty-one years old... i. Shall possess a valid class 1 firearm license from this state."

N.D.C.C. § 62.1-02-14 statute

North Dakota does NOT require a state-level background check for private firearm transfers between unlicensed individuals. State law makes it a Class A misdemeanor to transfer a handgun to a person the transferor knows or has reasonable cause to believe is a prohibited person under § 62.1-02-01, but this is a knowledge-based liability rule, not a universal-check mandate. Federally licensed dealers (FFLs) must run the federally required NICS check directly with the FBI; North Dakota is not a NICS point-of-contact state.

"No person may transfer a handgun to any person who the transferor knows or has reasonable cause to believe is a person prohibited by section 62.1-02-01 from possessing a firearm. Any person who violates this section is guilty of a class A misdemeanor."

N.D.C.C. § 62.1-02-02; 18 U.S.C. § 922(t) statute

Federal law requires federally licensed firearm dealers (FFLs) to contact the National Instant Criminal Background Check System (NICS) before transferring a firearm to a non-licensed buyer. The dealer may transfer the firearm only after NICS issues a proceed response, after three business days have elapsed without a denial, or upon presentation of a qualifying state permit recognized by ATF as a NICS alternative. North Dakota is not a NICS point-of-contact state, so ND dealers contact the FBI directly.

"Beginning on the date that is 30 days after the Attorney General notifies licensees... it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm to any other person who is not licensed under this chapter, unless... before the completion of the transfer, the licensee contacts the national instant criminal background check system."

18 U.S.C. § 922(t) atf

Federal law requires that handguns be sold by a federally licensed dealer only to buyers 21 or older; long guns may be sold by an FFL at 18. North Dakota state law prohibits any person under 18 from possessing a handgun (with supervised-training and hunting exceptions) but imposes no additional state-level purchase age beyond federal law.

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1); N.D.C.C. § 62.1-02-01(1)(d) atf

North Dakota does not require firearm registration. The state's preemption statute voids any local ordinance imposing registration or licensure of firearms or ammunition, and there is no state-level registry.

"A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void."

N.D.C.C. § 62.1-01-03(1) statute

North Dakota has not enacted an extreme risk protection order (red flag) law. A 2025 measure, HB 1411, would have created N.D.C.C. § 62.1-01-03.2 to prohibit any state agency, political subdivision, or person from issuing an extreme risk protection provision and to make a violation a Class B felony. The bill failed on House second reading on February 25, 2025, by a vote of 39 yeas to 53 nays — meaning ND has neither an ERPO law NOR a statutory preemption against future enactment.

"A BILL for an Act to create and enact section 62.1-01-03.2 of the North Dakota Century Code, relating to state prohibition on extreme risk protection provisions; and to provide a penalty."

House Bill 1411 (2025) — failed on second reading statute

North Dakota has no state assault-weapon ban. The preemption statute also bars cities, counties, and home-rule jurisdictions from enacting any ordinance more restrictive than state law on the purchase, sale, ownership, possession, transfer, registration, or licensure of firearms and ammunition.

"A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law."

N.D.C.C. § 62.1-01-03 statute

North Dakota imposes no magazine-capacity limit on rifles, shotguns, or handguns, and the state preemption statute prevents local governments from imposing one.

"A political subdivision... may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law."

N.D.C.C. § 62.1-01-03 (preemption); no capacity statute statute

Suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and machine guns are regulated under the federal National Firearms Act and require ATF registration and (where applicable) tax-stamp approval.

"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."

26 U.S.C. ch. 53 (National Firearms Act) / ATF atf

Possessing, obtaining, receiving, selling, or using a short-barreled rifle or short-barreled shotgun is a Class C felony in North Dakota, BUT the statute expressly does not apply to any person who complies with the federal National Firearms Act. North Dakota law does not separately prohibit civilian possession of suppressors; the state's definition of 'silencer' is purely descriptive and silencers are lawfully owned under NFA compliance.

"A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun is guilty of a class C felony. This section does not apply to a law enforcement officer... or to any person who complies with the National Firearms Act [26 U.S.C. 5801-5872]."

N.D.C.C. § 62.1-02-03 statute

North Dakota strongly preempts local firearm and ammunition regulation. No city, county, or home-rule jurisdiction may enact any ordinance — including a zoning ordinance — relating to the purchase, sale, ownership, possession, transfer, registration, or licensure of firearms or ammunition that is more restrictive than state law. All such existing local ordinances are void, and an aggrieved person may bring a civil action against the political subdivision for damages.

"A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void."

N.D.C.C. § 62.1-01-03 statute

North Dakota also limits state and local law-enforcement assistance to federal firearms enforcement: ND agencies and officers may not assist a federal agency in enforcing any federal firearm, firearm-accessory, or ammunition statute, order, rule, or regulation enacted after January 1, 2021 that is more restrictive than state law, subject to enumerated exceptions (national-security probable cause, state-law violations, drug/homicide/sex-offense/human-trafficking investigations).

"An agency or political subdivision of the state and a law enforcement officer or individual employed by an agency or political subdivision of the state may not provide assistance to a federal agency or official or act independently with respect to the investigation, prosecution, or enforcement of a violation of a federal statute, order, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition enacted after January 1, 2021, if the federal statute, order, rule, or regulation is more restrictive than state law."

N.D.C.C. § 62.1-01-03.1 (federal-firearms-law enforcement limits) statute

Effective August 1, 2017, North Dakota enacted permitless concealed carry by adding new authority to § 62.1-04-02 allowing any non-prohibited adult who had held an ND driver's license or ID for at least one year to carry a concealed firearm. Signed by Governor Doug Burgum on March 23, 2017. House vote 83-9; Senate vote 34-13.

"An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under this chapter and who has possessed for at least one year a valid driver's license or nondriver identification card issued by the department of transportation may carry a firearm concealed under this chapter."

House Bill 1169 (2017), Sixty-fifth Legislative Assembly statute

Effective August 1, 2021, HB 1293 reduced the residency requirement for permitless concealed carry from one year to thirty days of holding a valid ND driver's license or ID. Signed by Governor Burgum on April 22, 2021.

"An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under this chapter and who has possessed for at least thirty days a valid driver's license or nondriver identification card issued by the department of transportation may carry a firearm concealed under this chapter."

House Bill 1293 (2021), Sixty-seventh Legislative Assembly statute

Effective August 1, 2023, HB 1339 eliminated the 30-day ND residency requirement and extended permitless concealed carry to any non-prohibited adult holding a valid driver's license or non-driver ID from any state or territory of residence. Signed by Governor Burgum on April 11, 2023. House vote 93-0; Senate vote 44-3.

"An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under this chapter and who possesses a valid driver's license or nondriver identification card issued by the department of transportation or by the individual's state or territory of residence may carry a firearm concealed under this chapter."

House Bill 1339 (2023), Sixty-eighth Legislative Assembly statute

Effective August 1, 2025, HB 1588 made several changes: (1) raised the dangerous-weapon knife blade threshold from 5 to 6 inches; (2) reduced the penalty for possessing a firearm at a public gathering (school, church, publicly owned building) from an infraction to a noncriminal offense of $100; (3) authorized the State Board of Higher Education to adopt policies less restrictive than the public-gathering ban; (4) raised the Class 1 testing-fee cap from $50 to $100; and (5) removed the affirmative duty for permitless carriers to inform police at the initiation of a traffic stop, replacing it with a duty to inform only if the officer inquires. Signed by Governor Kelly Armstrong on April 23, 2025. House vote 87-4; Senate vote 43-4.

"An individual carrying a concealed firearm under the authority granted in subsection 2 of section 62.1-04-02 shall inform a law enforcement officer of the concealed firearm if the officer inquires about the individual possession of a concealed firearm."

House Bill 1588 (2025), Sixty-ninth Legislative Assembly statute

HB 1588 removed the proactive duty for permitless carriers to volunteer that they are armed at the start of a police interaction (replacing it with a duty to answer truthfully if the officer asks); reduced the penalty for carrying at a public gathering from an infraction to a $100 noncriminal offense; authorized the State Board of Higher Education to adopt policies less restrictive than the public-gathering ban; raised the dangerous-weapon knife blade threshold from 5 to 6 inches; and raised the Class 1 testing-fee cap from $50 to $100. Signed by Governor Kelly Armstrong on April 23, 2025. House vote 87-4; Senate vote 43-4.

House Bill 1588 (2025)

HB 1339 eliminated the 30-day ND residency requirement and extended permitless concealed carry to any non-prohibited adult holding a valid driver's license or non-driver ID from any U.S. state or territory. Signed by Governor Burgum on April 11, 2023. House vote 93-0; Senate vote 44-3.

House Bill 1339 (2023)

HB 1293 reduced the ND driver's license / non-driver ID possession requirement for permitless concealed carry from one year to thirty days. Signed by Governor Burgum on April 22, 2021.

House Bill 1293 (2021)

HB 1169 amended § 62.1-04-02 to allow any non-prohibited adult who had held a valid ND driver's license or non-driver ID for at least one year to carry a concealed firearm without obtaining a Class 1 or Class 2 license. Signed by Governor Doug Burgum on March 23, 2017.

House Bill 1169 (2017)